National Republican., 1887-01-27
IN THE NATURE OF PEACE.
The Baltimore and Potomac Road
Agajnst south washinpton citizens.


Against South Washington citizens.
The Baltimore and Potomac Railroad
Company evidently feels that II has played
the role of defendant long enough In the
courts Of this District, and proposes to
change tactics, and lead the attack hereafter
rs to litigation from South Washington.
IT inaugurated the new move yesterday,
when through the company's attorney, Col.
Enoch Totten, bill was died In equity
against James Il. Morgan, John Webster,
Henry NJ. Knight, Charles 9. Anderson,
Susan Fitzgerald, james Harrison johnson,
Charles B. Church.. Wm. t. Walker, Thos.
II. Walker, VIM. N. Dalton, Mary II. Row
Elizabeth strooble, VIM. Neitzy, Bennie c.
McQuay, Charles X. L. Crown, William II.
Beail, James t. Petty, Sarah O. Richards,
Horace s. johnson, Lyman IL. Lamb,
Owen Nugent, Thaddeus II. Hopkins,
VIM. Fegan, Martha Allen, James II.
Rhodes, franklin Bid, Rudolph Bid, Mary
ID. Lear, John Wunderlich, Mary j.; Smith,
Fowler, Elizabeth A. Duncan, Elias Q.
Caldwell, Susan Il. Benner, and all Others
who may hereafter bring like suits.
The first paragraph Of the bill recltes the
acts authorizing the railroad company to
enter the city, and comforting upon 1t GER
tain rights and privileges, with. certain
restrictions. BY virtue Of this authority It
is stated that the company constructed its
line OF road along X street southeast, and
over Virginia and Maryland avenues to the
Long bridge, with various lateral branches,
sidings, and depots, which It now main.
tains. The road was completed In July,
1872, and at that time there was single
track road extending into Virginia and
over Maryland avenue to First street,
known as the alexandria and Washington
Railroad Company" and thence to the
traces the life of this road TO its coming
into the Baltimore and Potomac Company
and being operated on Maryland avenue.
1t Is claimed that this avenue with Virginia
avenue is the property Of the United States,
having been conveyed In 170l by Motley
Young, David Burns, Daniel Carroll, and
others, the owners severally OF various lots
Of ground abutting on these avenues along
the line OF the railroad. These defendants
have instituted suits at law, as have Dali
ton, Beall, Knight, NeitZy, Anderson, and
others, wherein they claim large damages
alleged to have accrued to them In conse-
quence Of the operating Of the road. There
are fortythr cases In all on the docket
and the amount claimed aggregates $780,
eco. In q number Of these cases the issues
OF fact have been made up aud they are
now upon the trial calendar of the circuit
court. Five Of the causes have been tried
in which the Judgment has been reversed
by the court In general, and two are sub
sieting judgments. The company AYERS, Oh
information and belief, that other persons
intend and threaten to institute like pro-
ceedings in law against them, and that
a :. large number of persons have
unlawfully combined together for the pur-
pose Of harrassing the company by actions
at law and otherwise, and assumed name,
calling themselves the "South Washington
Protective Association" held public and
private meetings, and agreed upon schemes
and plans by which the rights and interests
Of the company might be injured. It is
further averred that many Of the plaintiffs
ia the action at law are members Of this
association, and more especially those re.
siding and owning. property on Maryland
avenue, between Ninth street and the Long
bridge. The company goes on to state what
they believe to be their rights under theii
charter, and they have constructed and are
now maintaining six depots for receiving and
delivering freight In this city, and along
heavy freight, on Maryland avenue, between
Thirteenth and Fourteenth streets; wood,
coal, and lumber. square No. 300, south oi
Maryland avenue, between + and Water
streets; manufactured articles and freight
requiring shelter, Maryland avenue, be-
tween Ninth and Tenth streets; coal, wood
and lumber, Virginia avenue, north side
between Third aud Four-and-a.half streets
coal and wood, Virginia avenue, south side
and-a.half street; for loaded ant
empty cars, Virginia avenue, north side
between New Jersey avenue and Secont
street east. The company continuing, state
that it is supplied with the best locomotiv
engines known in the business to preyen
noise, the escape Of smoke, cinders, and fire
Its employees are skilled and competent, ant
its tracks, &C., have been laid to the salts
faction OF the District authorities. The
complain that the damage suits institute'
are only for a limited period OF time, an,
cannot finally settle the controversy, an'
endless litigation will result unless the cour
shall interfere by Injunction. Inasmuch a
all OF the claims are Of the same nature, an
the rights of each the same in character
principles and rules, the company bring
the bill In the nature Of bill Of peace, :
the end that all controversies growing ou
of the use and operation OF the railroa
tracks, sidings, depots, &C., may be hear
and determined at once and In one suit, an
that protection may be afforded to the com
pany against all unlawful combinations o.
persons and multiplicity OF suits. 1t |
prayed that the defendants named be per
petually enjoined from prosecuting the &C
tions at law; that decree be passed estab
fishing and con6rmingin the company tht
right to maintain, use, and operate thei
tracks, lateral branches, sidings, turnouts
stations, and depots; that II 1t should b
determined that the defendants are entitle
to damages because Of any Of the acts @
the company, that such damages may b
ascertained and determined, and the right
of all the parties fully defined, and tina
the defendants may be severally restraine
until the further order Of the court fror
prosecuting the actions at law now pend
ing, or any Of them; and II any other lik
suits shall be instituted against the com
pany that the plaintiffs therein may
made defendants and restr aimed.